Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H1708

Introduced
2/16/23  

Caption

Relative to fair investment practices

Impact

If enacted, H1708 would amend the General Laws by introducing Chapter 151G, focusing on fair investment practices. The law would prohibit professional investors from discriminatory practices that could hinder the funding of groups exhibiting protected characteristics, such as race, gender, sexual orientation, and others. Notably, the bill allows investors to designate certain funds specifically for these historically disadvantaged groups while creating measures for accountability through required compliance guidelines established by the Massachusetts Commission Against Discrimination in conjunction with the Attorney General and Secretary of State.

Summary

House Bill 1708 aims to establish a framework for fair investment practices within the Commonwealth of Massachusetts. The bill mandates that professional investors—which include banks, investment companies, and other financial institutions—engage in equitable funding practices specifically directed toward historically disadvantaged members of protected classes. This is intended to promote greater inclusivity within the investment arena and ensure that funding is more equitably distributed, reflecting the diverse makeup of the community.

Contention

There are notable points of contention around H1708 regarding its regulatory impact on professional investors. Supporters assert that the bill is necessary for combating systemic inequalities in investment funding, while opponents may argue that the additional regulatory layer could complicate the investment landscape. There are potential concerns about how compliance will be measured and the burden it may place on smaller investment firms versus larger institutions that can more easily accommodate regulatory changes. The legislative discourse will likely focus on striking a balance between promoting inclusivity and maintaining a business-friendly environment.

Enforcement

The enforcement of H1708 falls under the jurisdiction of the Attorney General, who will have the authority to bring actions for violations of this chapter. This includes the ability to seek damages and attorney's fees from offending professional investors. Furthermore, professional investors who can show compliance with the established guidelines will have specific defenses against such claims, which may encourage them to take proactive measures to align their practices with the bill's stipulations.

Companion Bills

MA H1179

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MA S1819

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MA H4429

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MA S2638

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MA S2713

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MA H4831

Replaced by Study Order

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